Two brothers who threatened to behead their own sibling before attacking him with hammer in row over unpaid £50,000 loan avoid jail

• Dale and Mark Wilson threatened their brother Gary over an unpaid debt 
• Newcastle Crown Court heard Dale called Gary and threatened to behead him
• The court heard the dispute centred on a £50,000 loan from their father 
• Dale and Mark Wilson were sentenced to nine months suspended for two years 

Two brothers armed with a hammer attacked their sibling on the street in a row concerning a £50,000 loan. 

Newcastle Crown Court heard Gary Wilson had fallen out with his father over an unpaid £50,000 loan and brothers Dale and Mark unlawfully took matters into their own hands.

A court heard Dale phoned Gary and told him he was going to behead him before turning up with Mark and assaulting him.

Dale and Mark Wilson, pictured, took weapons including a hammer when they went to visit  their bother Gary who owed their father £50,000

Ben Campbell, prosecuting, told Newcastle Crown Court : ‘The case concerns a fall out between members of the Wilson family which resulted in the behaviour with these two defendants taking weapons, including a hammer, into the streets of Newcastle.

‘The origins of the dispute relate to a bank loan made to the brother of these two defendants, Gary Wilson, by his father two years earlier, of £50,000.’

There had been an incident between Gary and his father on June 4 which was reported to the police, although it resulted in no charges.

Mr Campbell said: ‘That’s likely to have been a prelude of what happened in the offending the following day.

‘Gary Wilson got a phone call from Dale at 4pm saying “I’m going to kill you, I’m going to chop your head off”.’

Later that day, Gary dropped his children off at his mother’s home near Newcastle College when he was confronted by his siblings.

Mr Campbell said: ‘The two defendants were running towards him, shouting and screaming.

‘Dale Wilson was wielding a hammer.’ 

Mark Wilson was initially said to have been wearing a knuckle duster but his claim it was car keys has not been disputed.

The two brothers were handed a nine-month jail sentence suspended for two years and were given indefinite restraining orders

Mark punched Gary to the face and Dale joined in, also hitting him.

A woman working at the college saw some of the attack and phoned police. Mr Campbell said: ‘She saw the defendants swinging punches at Gary Wilson, who she saw drop to the ground.’

They then fled and Gary was left with grazes to his arm and face and soreness to his ribs.

He said in a victim impact statement: ‘I’m afraid Mark and Dale will hurt me again and I fear next time there will be more violence and serious injury caused.

‘I worry they will turn up at my workplace and attack me or even at my home..’

When the two Wilsons were interviewed by police, both refused to discuss what they described as ‘family issues’.

Dale Wilson, 27, of Cruddas Park, Newcastle, who has three previous convictions and Mark Wilson, 31, of Ryton, Gateshead, who has 16 previous convictions, including for wounding with intent, admitted common assault and possessing an offensive weapon. Dale also pleaded guilty to sending an electronic communication with intent to cause distress or anxiety.

Both were sentenced to nine months suspended for two years with 120 hours unpaid work and a three month curfew from 7pm until 6am and were given indefinite restraining orders.

Jonathan Pigford, for Dale Wilson, said he had met Gary to try to sort things out, there was a verbal exchange and then he went back with Mark.

He added: ‘Unfortunately it did result in violence taking place.

‘Fortunately he only received relatively minor injuries which are not consistent with the use of a hammer. He didn’t use the hammer other than to frighten his brother.’

Andrew Walker, for Mark Wilson, said: ‘Family disputes have the potential to blow certain events out of all proportion.

‘There was a very real sense of injustice felt by the father of these men.

‘They acted out of a completely misguided sense of loyalty to their father.

‘Thankfully it was short-lived.

‘It would be a dark day if two brothers were sent to prison for fighting with a third.’

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